[HISTORY: Adopted by the Township Committee of the Township
of Wall as indicated in article histories. Amendments noted where
applicable.]
[Adopted 6-10-2023 by Ord. No. 6-2023]
As used in this article, the following terms shall have the
meanings indicated:
A multiple dwelling subject to the requirements of the "Hotel
and Multiple Dwelling Law," P.L. 1967, c. 76 (N.J.S.A. 55:13A-1 et
seq.).
An owner of a residential unit registered pursuant to (Chapter 149) to lease a residential unit and to offer the unit or space for accommodation to the public as a business activity through the placement of an advertisement, or the listing of the space for accommodation, with a transient space marketplace. Lessees may not sublease a residential unit.
A person who, for consideration uses, possesses, or has the
right to use or possess any residential unit for a period of 45 consecutive
days or more under a lease, concession, permit, right of access, license
to use, or other agreement, where the owner of said property is not
residing on premises. Transient guests must be 21 years old at a minimum.
Rentals shall be a minimum of 45 days. Rentals less than 45 days will
be considered a violation of this article.
A digital platform through which persons offering space for
accommodation to transient guests may offer the residential unit in
exchange for monetary or other compensation. A "transient space marketplace"
allows a person offering a residential unit to advertise or list the
residential unit through a hosted internet website and provides a
means for a transient guest to arrange for the use of the unit in
exchange for monetary or other consideration.
A.
No owner shall offer a residential unit through a transient space
marketplace for a period of 45 consecutive days or more, unless the
owner becomes licensed as a registered host.
B.
If a registered host owns a multiple dwelling which is a legal nonconforming dwelling the host may only register a single residential unit within the building. For single-family dwellings as defined in the Land Use Ordinance § 140-17 only the whole dwelling unit may be rented out and separate areas within the building shall not be rented out.
A.
Any person desiring to obtain a license or renewal license as a registered host to lease a residential unit shall yearly make application therefor to the Township Clerk (no later than 20 business days prior to the tenant taking occupancy) on forms prescribed by the Township Clerk and signed by the owner of the premises or the owner's authorized agent. Persons applying for renewal license shall be authorized to continue operating as a registered host unless their license is not renewed as a result of the application process or as a result of violations pursuant to § 149-11 or other violations of the requirements enumerated in the ordinance. The Township may revoke a license at any time if the registered host is found to be noncompliant with the requirements of licensure. Applications for licenses shall not be deemed complete by the Township Clerk unless the applicant:
(1)
Fully completes the form required by the Township Clerk for such
applications, which shall include at a minimum, the following information:
(3)
Provides proof of payment of property taxes, assessments against
the property and municipal water and sewer charges pursuant to N.J.S.A.
§ 40:52-1.2.
(4)
Provide a written consent accompanying the forms required by the
Township Clerk that contains the following:
(a)
Any previous revocation or suspension and the reasons therefor.
(b)
Attestation that applicant is not violating any zoning regulations
of the Township. If the application is for a multifamily dwelling,
applicant shall obtain proof from the Land Use Office that the dwelling
is legally nonconforming.
(c)
Where applicable, if the applicant does not reside or have its
principal business office in the Township, the name and address of
the agent of the applicant, who is authorized to accept service of
process, summonses, any notices or orders in connection with the issuance
of and operation under any licenses issued under this section on behalf
of the applicant, and to comply with same on behalf of the applicant.
(d)
Acknowledgement that no more than two transient guests may occupy
a residential unit bedroom at any one time.
(5)
If requested by the Township, the application must include a floor
plan of the dwelling unit proposed to be licensed, in a form satisfactory
to the Township, accurately depicting the locations of the bedrooms,
kitchen, bathrooms and other rooms in the dwelling unit, and all routes
of ingress and egress, provided, however, that nothing contained herein
shall be construed to require that the floor plan be prepared by an
architect or other licensed professional.
B.
All information and documentation required to be provided pursuant
to this section shall be deemed material. Any person who knowingly
mistakes any fact therein shall be subject to criminal prosecution.
Any license that is issued on the basis of false information or documentation
shall be subject to revocation.
Designation as a registered host shall be for a duration of no more than a one year with an expiration of March 31. Persons applying for renewal license shall be authorized to continue operating as a registered host unless their license is not renewed as a result of findings of the application process or as a result of violations pursuant to § 149-11 or other violation of the requirements enumerated in the ordinance. The fee for such a designation shall be $200 per year.
Upon receipt of the application, fees, and other applicable
forms, the Township Clerk shall issue a license provided that same
conforms to the provisions of this article.
The registered host shall maintain property liability insurance
in an amount of no less than $500,000 or demonstrate that a transient
space marketplace maintains liability coverage in an equal or higher
amount.
Every 30 days, the registered host shall schedule a fire inspection with the Wall Township Bureau of Fire Prevention. Registered hosts must demonstrate that the residential unit is equipped with a fire extinguisher, carbon monoxide detector and smoke detector pursuant to Wall Township Municipal Code Chapter 113. The fee associated with this inspection shall be $75. The request for inspection must be made more than five days before the date required for inspection.
All licenses issued pursuant to this article shall expire on
March 31.
The registration of a registered host's primary residence
shall not supersede any homeowners' association bylaws, covenants,
conditions and restrictions, or any other agreement, law, or regulation
that prohibits the leasing or use of the residential unit as a space
for accommodation.
Where the application for licensure misrepresents or omits information
required by the Township Clerk pursuant to this article, the license
may be revoked or denied. A person offering a residential unit on
a transient space marketplace, who has not become a registered host
pursuant to this section, or whose license has been revoked or nonrenewed,
shall be subject to penalty for violating the Wall Township Municipal
Code. The amount of penalty shall not exceed $2,000 for each day of
violation.
If during the duration of any single licensing period, two complaints, on separate occasions, of disorderly, noise, indecent behavior, criminal conviction, tumultuous, or riotous conduct upon, in or in proximity to any transient rental premises, and attributable to the acts or incitements of any of the tenants, or their guests, of those premises, have been substantiated by prosecution and conviction in any court of competent jurisdiction, the Township Code Enforcement Officer shall revoke the registered host's license for one calendar year (12 months) from the date of the second conviction. A violation or conviction pursuant to § 149-10 shall constitute a violation which shall be counted by the Township Code Enforcement Officer under this section.
Upon determination by the Township Clerk to refuse the granting
or renewal of a license, or to revoke a license, the license or individual
affected shall be entitled to appeal the decision to the Mayor and
Township Committee.
